N.Palaniammal v. The Chief General Manager
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.07.2023
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and M.P.Nos. 1 to 3 of 2014 (6 Nos) W.P.No.3192 of 2015 :- N.Palaniammal
...Petitioner
-Vs1. The Chief General Manager, No.112, JC Road, Bangalore, Karnataka.
2. The General Manager, Human Resources wing, No.112, JC Road, Bangalore, Karnataka.
3. The Assistant General Manager, HRM Section, Cricle Office, Tv Swamy Road (West) R.S.Puram, Coimbatore - 641 002.
4. The Branch Manager, Current Chest Branch, Erode - 638 011.
5. The Deputy Director, District Employment Exchange Office, No4, Chinnimalai Road, Erode - 638 002.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, Calling for the records pertaining to the impugned letter No.CBECO HRM E16 2799 2014 ABK dated 09.12.2014 issued by the third respondent requesting fifth respondent employment exchange to sponsor candidates to be appointed as House Keeper cum Peon and quash the same as illegal, arbitrary, discriminatory and unfair and consequently to direct the respondents 1 to 4 to implement the terms and conditions of Memorandum of Settlement dated 30.08.2014, the petitioner also on par with the other permanent part time employees to whom the terms and conditions of the above said settlement have already been implemented. In all W.Ps.
For Petitioner : Mr.M.Gnanasekar For Respondents : No appearance
COMMON ORDER All these writ petitions have been filed challenging the letter issued by the third respondent to the fifth respondent, thereby requesting to sponsor candidates to be appointed as House Keeper cum Peon. 2.
The case of the petitioners is that they were engaged as part time employee during the year 2005 to 2011 in the respondent bank. Thereafter, they were working as permanent part time employee in the permanent vacancy from the year of 2012 in the fourth respondent bank. They also doing cleaning and sweeping work. While being so, the respondent bank and the Canara Bank Employee's Union had entered into a settlement on 24.01.2014 in the matter of regularization of person engaged in the permanent vacancy of the part time employee and conversion of the same as full time House Keeper cum Peon. 3.
As per the settlement, the following eligibility conditions have been fixed for regularization of persons engaged in the permanent vacancy of part time employee and conversion of such part time employee as House Keeper cum Peon upon their regularization :-
(i) such person should have been registered with employment exchange and (ii) such persons should not be aged more than 45 years as on the date of first engagement and (iii) such person should have been actually engaged on or before 30.04.2010 and continued to be engaged as on 28.02.2014. 4.
According to the petitioners, they are eligible for regularization in the post of House Keeper cum Peon. Therefore, they made representation to the fourth respondent bank for their early regularization of their employment. While pending consideration, all of sudden, the third respondent in order to recruit the candidates to be appointed as House Keeper cum Peon, requested the fifth respondent employment exchange to sponsor the candidates. Hence, the petitioners filed the present Writ Petitions.
5.
The learned counsel appearing for the petitioners submitted that even till now, the petitioners are working in the same post.
6.
Considering the above facts and circumstances, the third respondent is directed to consider the petitioners as first preference, while recruiting the candidates to the Post of House Keeper cum Peon in the future vacancies, on condition that they should fulfill the conditions as per the Settlement dated 24.01.2014.
7.
With the above directions, all the Writ Petitions are disposed of. Consequently, connected miscellaneous petitions are closed. There shall be no order as to cost.
21.07.2023 Internet: Yes Index : Yes/No Speaking/Non Speaking order rts To
1. The Chief General Manager, No.112, JC Road, Bangalore, Karnataka.
2. The General Manager, Human Resources wing, No.112, JC Road, Bangalore, Karnataka.
G.K.ILANTHIRAIYAN. J, rts
3. The Assistant General Manager, HRM Section, Cricle Office, Tv Swamy Road (West) R.S.Puram, Coimbatore - 641 002.
4. The Branch Manager, Current Chest Branch, Erode - 638 011.
5. The Deputy Director, District Employment Exchange Office, No4, Chinnimalai Road, Erode - 638 002.
and M.P.Nos. 1 to 3 of 2014 (6 Nos) 21.07.2023